do-me/EUR-LEX huggingface dataset:
Case C-562/07: Judgment of the Court (First Chamber) of 6 October 2009 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Free movement of capital — Article 56 EC and Article 40 of the EEA Agreement — Direct taxation — Natural persons — Taxation of capital gains — Difference in treatment of residents and non residents)
Date: 2009-10-06
Institutions: Court of Justice
Subjects: European Commission, Spain, action for annulment (EU), discrimination on the basis of nationality, personal income tax, tax system








C_2009282EN.01000502.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/5





Judgment of the Court (First Chamber) of 6 October 2009 — Commission of the European Communities v Kingdom of Spain
(Case C-562/07) (1)

(Failure of a Member State to fulfil obligations - Free movement of capital - Article 56 EC and Article 40 of the EEA Agreement - Direct taxation - Natural persons - Taxation of capital gains - Difference in treatment of residents and non residents)
2009/C 282/08
Language of the case: Spanish

Parties


Applicant: Commission of the European Communities (represented by: R. Lyal and I. Martínez del Peral, acting as Agents)

Defendant: Kingdom of Spain (represented by: M. Muñoz Pérez, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Breach of Articles 39 EC and 56 EC and of Articles 28 and 40 of the EEA Agreement — Difference in treatment, with regard to the taxation of income received in Spain, between residents and non-residents

Operative part of the judgment

The Court:






1.


Declares that, by treating differently, until 31 December 2006, capital gains realised in Spain according to whether they were made by residents or by non-residents, the Kingdom of Spain failed to fulfil its obligations under Article 56 EC and Article 40 of the Agreement on the European Economic Area of 2 May 1992.










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 64, 8.3.2008.
Euro exchange rates
Date: 2009-10-06
Institutions: European Commission
Subjects: euro, exchange rate








C_2009239EN.01000101.xml










6.10.2009   


EN


Official Journal of the European Union


C 239/1





Euro exchange rates (1)

5 October 2009
2009/C 239/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4616




JPY


Japanese yen


131,41




DKK


Danish krone


7,4443




GBP


Pound sterling


0,91710




SEK


Swedish krona


10,3030




CHF


Swiss franc


1,5102




ISK


Iceland króna


 




NOK


Norwegian krone


8,4460




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,462




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


267,24




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7084




PLN


Polish zloty


4,2076




RON


Romanian leu


4,2640




TRY


Turkish lira


2,1720




AUD


Australian dollar


1,6713




CAD


Canadian dollar


1,5693




HKD


Hong Kong dollar


11,3275




NZD


New Zealand dollar


2,0255




SGD


Singapore dollar


2,0625




KRW


South Korean won


1 715,37




ZAR


South African rand


11,1130




CNY


Chinese yuan renminbi


9,9773




HRK


Croatian kuna


7,2550




IDR


Indonesian rupiah


13 957,02




MYR


Malaysian ringgit


5,0579




PHP


Philippine peso


68,257




RUB


Russian rouble


43,9550




THB


Thai baht


48,912




BRL


Brazilian real


2,5887




MXN


Mexican peso


19,8997




INR


Indian rupee


69,4550






(1)  Source: reference exchange rate published by the ECB.
Case T-8/06: Judgment of the Court of First Instance of 6 October 2009 — FAB v Commission (State aid — Digital terrestrial television — Aid granted by the German authorities to broadcasters which use the digital terrestrial television network (DVB-T) in Berlin-Brandenburg — Decision declaring the aid incompatible with the common market and ordering its recovery — Action for annulment — Meaning of State aid — State resources — Compensation for discharging public service obligations — Aid intended to promote culture — Legitimate expectations)
Date: 2009-10-06
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), broadcasting, control of State aid, high-definition television








C_2009282EN.01003802.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/38





Judgment of the Court of First Instance of 6 October 2009 — FAB v Commission
(Case T-8/06) (1)

(State aid - Digital terrestrial television - Aid granted by the German authorities to broadcasters which use the digital terrestrial television network (DVB-T) in Berlin-Brandenburg - Decision declaring the aid incompatible with the common market and ordering its recovery - Action for annulment - Meaning of State aid - State resources - Compensation for discharging public service obligations - Aid intended to promote culture - Legitimate expectations)
2009/C 282/71
Language of the case: German

Parties


Applicant: FAB Fernsehen aus Berlin GmbH (Berlin, Germany) (represented by: A. Böken, lawyer)

Defendant: Commission of the European Communities (represented by: H. van Vliet and K. Gross, Agents)

Intervener in support of the defendant: Deutscher Kabelverband eV (Berlin, Germany) (represented by: K. Struckmann, C Arhold and N. Wimmer, lawyers)

Re:

Application for annulment of Commission Decision 2006/513/EC of 9 November 2005 on the State Aid which the Federal Republic of Germany has implemented for the introduction of digital terrestrial television (DVB-T) in Berlin-Brandenburg (OJ 2006 L 200, p. 14).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders FAB Fernsehen aus Berlin GmbH to pay the costs.






(1)  OJ C 86 of 8.4.2006.
Case C-394/09: Action brought on 6 October 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
Date: 2009-10-06
Institutions: Court of Justice
Subjects: EC Directive, European Commission, European standard, United Kingdom, acidification, action for failure to fulfil an obligation, air quality, diesel fuel, national implementing measure, pollution control measures, vessel








C_2009282EN.01003102.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/31





Action brought on 6 October 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
(Case C-394/09)
2009/C 282/54
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: A. Alcover San Pedro, B. McArdle, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland

The applicant claims that the Court should:







—


declare that, by failing to adopt the laws, regulations and administrative provisions necessary to transpose Directive 2005/33/EC (1) of the European Parliament and of the Council of 6 July 2005 amending Directive 1999/32/EC as regards the sulphur content of marine fuels for Gibraltar and, by failing to adopt all the laws, regulations and administrative provisions necessary to transpose all the ‘marine based’ elements of the Directive for England, Wales, Northern Ireland and Scotland or, in any event, by failing to communicate them to the Commission, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Article 2 of that Directive;










—


order United Kingdom of Great Britain and Northern Ireland to pay the costs.





Pleas in law and main arguments

The period within which the Directive had to be transposed expired on 11 August 2006.


(1)  OJ L 191, p. 59
Corrigendum to notices concerning the European Economic Area ( OJ C 138, 18.6.2009 )
Date: 2009-10-06
Institutions: EFTA Surveillance Authority
Subjects: EFTA Court, EFTA countries, Liechtenstein, audit, competition law, fine, industrial restructuring, infringement of EU law, report, restriction on competition, telecommunications industry








C_2009239EN.01002701.xml










6.10.2009   


EN


Official Journal of the European Union


C 239/27





Corrigendum to notices concerning the European Economic Area

(
Official Journal of the European Union C 138 of 18 June 2009
)

2009/C 239/07
On page 2 of the cover and page 5 of the text, main headings for documents 2009/C 138/07 and 2009/C 138/08:
for:

read:

on page 2 of the cover and page 8 of the text, delete main headings for document 2009/C 138/09.
Case T-24/06: Judgment of the Court of First Instance of 6 October 2009 — MABB v Commission (State aid — Digital terrestrial television — Aid granted by the German authorities to broadcasters which use the digital terrestrial television network (DVB-T) in Berlin-Brandenburg — Decision declaring the aid incompatible with the common market and ordering its recovery — Action for annulment — Not of individual concern — Inadmissibility)
Date: 2009-10-06
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), broadcasting, control of State aid, high-definition television








C_2009282EN.01003902.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/39





Judgment of the Court of First Instance of 6 October 2009 — MABB v Commission
(Case T-24/06) (1)

(State aid - Digital terrestrial television - Aid granted by the German authorities to broadcasters which use the digital terrestrial television network (DVB-T) in Berlin-Brandenburg - Decision declaring the aid incompatible with the common market and ordering its recovery - Action for annulment - Not of individual concern - Inadmissibility)
2009/C 282/73
Language of the case: German

Parties


Applicant: Medienanstalt Berlin-Brandenburg (MABB) (Berlin, Germany) (represented by: initially by M. Schütte, lawyer, and B. Immenkamp, Solicitor, then by M. Schütte)

Defendant: Commission of the European Communities (represented by: H. van Vliet and K. Gross, Agents)

Intervener in support of the defendant: Deutscher Kabelverband eV (Berlin, Germany) (represented by: K. Struckmann, C Arhold and N. Wimmer, lawyers)
Re:
Application for annulment of Commission Decision 2006/513/EC of 9 November 2005 on the State Aid which the Federal Republic of Germany has implemented for the introduction of digital terrestrial television (DVB-T) in Berlin-Brandenburg (OJ 2006 L 200, p. 14).

Operative part of the judgment

The Court:






1.


Dismisses the action as inadmissible;










2.


Orders Medienanstalt Berlin-Brandenburg (MABB) to pay the costs.






(1)  OJ C 86, of 8.4.2006.
Case C-133/08: Judgment of the Court (Grand Chamber) of 6 October 2009 (Reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Intercontainer Interfrigo SC (ICF) v Balkenende Oosthuizen BV, MIC Operations BV (Rome Convention on the law applicable to contractual obligations — Applicable law in the absence of choice — Charter-party — Connecting criteria — Separability)
Date: 2009-10-06
Institutions: Court of Justice
Subjects: carriage of goods, chartering, contract, interpretation of the law








C_2009282EN.01000901.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/9





Judgment of the Court (Grand Chamber) of 6 October 2009 (Reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Intercontainer Interfrigo SC (ICF) v Balkenende Oosthuizen BV, MIC Operations BV
(Case C-133/08) (1)

(Rome Convention on the law applicable to contractual obligations - Applicable law in the absence of choice - Charter-party - Connecting criteria - Separability)
2009/C 282/15
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: Intercontainer Interfrigo SC (ICF)

Defendant: Balkenende Oosthuizen BV, MIC Operations BV

Re:

Reference for a preliminary ruling — Hoge Raad der Nederlanden Den Haag — Interpretation of Article 4 of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980 — Concept of a contract for the carriage of goods — Constituent elements — Voyage charter party — Applicable law in the absence of choice — Connecting criteria

Operative part of the judgment







1.


The last sentence of Article 4(4) of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, must be interpreted as meaning that the connecting criterion provided for in the second sentence of Article 4(4) applies to a charter-party, other than a single voyage charter-party, only when the main purpose of the contract is not merely to make available a means of transport, but the actual carriage of goods.










2.


The second sentence of Article 4(1) of the Convention must be interpreted as meaning that a part of a contract may be governed by a law other than that applied to the rest of the contract only where the object of that part is independent.
Where the connecting criterion applied to a charter-party is that set out in Article 4(4) of the Convention, that criterion must be applied to the whole of the contract, unless the part of the contract relating to carriage is independent of the rest of the contract.










3.


Article 4(5) of the Convention must be construed as meaning that, where it is clear from the circumstances as a whole that the contract is more closely connected with a country other than that determined on the basis of one of the criteria set out in Article 4(2) to (4) of the Convention, it is for the court to disregard those criteria and apply the law of the country with which the contract is most closely connected.






(1)  OJ C 158, 21.06.2008.
Commission Regulation (EC) No 929/2009 of 6 October 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-10-06
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit








L_2009263EN.01000101.xml










7.10.2009   


EN


Official Journal of the European Union


L 263/1








            COMMISSION REGULATION (EC) No 929/2009
of 6 October 2009
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 7 October 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 October 2009.


For the Commission

Jean-Luc DEMARTY
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


MK 


28,7 




ZZ 


28,7 




0707 00 05 


TR 


114,4 




ZZ 


114,4 




0709 90 70 


TR 


110,4 




ZZ 


110,4 




0805 50 10 


AR 


93,2 




CL 


77,5 




TR 


80,9 




ZA 


69,8 




ZZ 


80,4 




0806 10 10 


BR 


235,1 




EG 


159,5 




TR 


103,6 




US 


152,0 




ZZ 


162,6 




0808 10 80 


BR 


63,0 




CL 


87,3 




NZ 


70,3 




US 


80,3 




ZA 


67,3 




ZZ 


73,6 




0808 20 50 


AR 


82,8 




CN 


58,3 




TR 


97,2 




ZA 


78,9 




ZZ 


79,3 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.
Case T-21/06: Judgment of the Court of First Instance of 6 October 2009 — Germany v Commission (State aid — Digital terrestrial television — Aid granted by the German authorities to broadcasters which use the digital terrestrial television network (DVB-T) in Berlin-Brandenburg — Decision declaring the aid incompatible with the common market and ordering its recovery — Principles of sound administration and proportionality — Rights of the defence)
Date: 2009-10-06
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), broadcasting, control of State aid, high-definition television








C_2009282EN.01003901.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/39





Judgment of the Court of First Instance of 6 October 2009 — Germany v Commission
(Case T-21/06) (1)

(State aid - Digital terrestrial television - Aid granted by the German authorities to broadcasters which use the digital terrestrial television network (DVB-T) in Berlin-Brandenburg - Decision declaring the aid incompatible with the common market and ordering its recovery - Principles of sound administration and proportionality - Rights of the defence)
2009/C 282/72
Language of the case: German

Parties


Applicant: Federal Republic of Germany (represented by: M. Lumma and C. Schulze-Bahr, Agents, assisted by G. Quardt, lawyer)

Defendant: Commission of the European Communities (represented by: H. van Vliet and K. Gross, Agents)

Re:

Application for annulment of Commission Decision 2006/513/EC of 9 November 2005 on the State Aid which the Federal Republic of Germany has implemented for the introduction of digital terrestrial television (DVB-T) in Berlin-Brandenburg (OJ 2006 L 200, p. 14).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Federal Republic of Germany to pay the costs.






(1)  OJ C 86, of 8.4.2006.
Case C-40/08: Judgment of the Court (First Chamber) of 6 October 2009 (Reference for a preliminary ruling from the Juzgado de Primera Instancia No 4 de Bilbao — Spain) — Asturcom Telecomunicaciones SL v Cristina Rodríguez Nogueira (Directive 93/13/EEC — Consumer contracts — Unfair arbitration clause — Measure void — Arbitration award which has become final — Enforcement — Whether the national court responsible for enforcement can consider of its own motion whether the unfair arbitration clause is null and void — Principles of equivalence and effectiveness)
Date: 2009-10-06
Institutions: Court of Justice
Subjects: arbitration, consumer protection, contract, interpretation of the law, unfair terms of contract








C_2009282EN.01000702.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/7





Judgment of the Court (First Chamber) of 6 October 2009 (Reference for a preliminary ruling from the Juzgado de Primera Instancia No 4 de Bilbao — Spain) — Asturcom Telecomunicaciones SL v Cristina Rodríguez Nogueira
(Case C-40/08) (1)

(Directive 93/13/EEC - Consumer contracts - Unfair arbitration clause - Measure void - Arbitration award which has become final - Enforcement - Whether the national court responsible for enforcement can consider of its own motion whether the unfair arbitration clause is null and void - Principles of equivalence and effectiveness)
2009/C 282/12
Language of the case: Spanish

Referring court

Juzgado de Primera Instancia No 4 de Bilbao

Parties to the main proceedings


Applicant: Asturcom Telecomunicaciones SL

Defendant: Cristina Rodríguez Nogueira

Re:

Reference for a preliminary ruling — Juzgado de Primera Instancia No 4 de Bilbao — Interpretation of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29) — Adequate and effective means to prevent the continued use of unfair terms — Application for the enforcement of a final arbitration award made in default on the basis of an unfair arbitration clause

Operative part of the judgment

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that a national court or tribunal hearing an action for enforcement of an arbitration award which has become final and was made in the absence of the consumer is required, where it has available to it the legal and factual elements necessary for that task, to assess of its own motion whether an arbitration clause in a contract concluded between a seller or supplier and a consumer is unfair, in so far as, under national rules of procedure, it can carry out such an assessment in similar actions of a domestic nature. If that is the case, it is for that court or tribunal to establish all the consequences thereby arising under national law, in order to ensure that the consumer is not bound by that clause.


(1)  OJ C 92, 12.4.2008.
Case T-102/08 P: Judgment of the Court of First Instance of 6 October 2009 — Sundholm v Commission (Appeal — Staff case — Officials — Reports — Career development report drawn up in compliance with a judgment of the Tribunal — Appraisal year 2001/2002 — Justified absences — Obligation to state reasons)
Date: 2009-10-06
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, appeal, professional career, regulations for civil servants, staff assessment








C_2009282EN.01004303.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/43





Judgment of the Court of First Instance of 6 October 2009 — Sundholm v Commission
(Case T-102/08 P) (1)

(Appeal - Staff case - Officials - Reports - Career development report drawn up in compliance with a judgment of the Tribunal - Appraisal year 2001/2002 - Justified absences - Obligation to state reasons)
2009/C 282/82
Language of the case: French

Parties


Appellant: Asa Sundholm (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Other party to the proceedings: Commission of the European Communities (represented by: C. Berardis-Kayser and G. Berscheid, Agents, assisted by B. Wägenbaur, lawyer)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 13 December 2007 in Case F-27/07 Sundholm v Commission, not published in the ECR, seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 13 December 2007 in Case F-27/07 Sundholm v Commission, not published in the ECR;










2.


Annuls the decision of 2 June 2006 by which the reporting officer on appeal established Ms Asa Sundholm's career development report for the period from 1 July 2001 to 31 December 2002;










3.


For the rest, dismisses the action brought at first instance;










4.


Orders the Commission of the European Communities to pay the costs of the procedure before the Civil Service Tribunal and of the present instance.






(1)  OJ C 107, 26.4.2008.